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ORDINANCE NO. 2
REGULATING THE HEIGHT OF STRUCTURES AND TREES IN THE VICINITY OF THE
TRI-COUNTY REGIONAL AIRPORT, LONE ROCK, WISCONSIN.
The Iowa County Board of Supervisors does hereby ordain as follows:
section I Definitions. As used in this ordinance, unless the context otherwise requires:
section II
(a) "Airport" means the Tri-County Regional Airport located in Section 31, Town 9N, Range 3Et. Sauk County, Wisconsin.
(b) "Airport hazard" means any structure or object of natural growth, which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.
(c) "Non-conforming use" means any structure or tree which does not conform to a regulation prescribed in this ordinance or an amendment thereto, as of the effective date of such regulation.
(d) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.
(e) "structure" means any object constructed or installed by man.
(f) "Trees" do not include shrubs, bushes or plants which do not grow to a height of more than twenty feet.
(g)^ "Runway"^ means^ a^ level^ portion^ of^ an^ airport having a surface specially developed and maintained for the landing and take-off of aircrafte
Zones. All zones established by this section are as shown on the Map dated November 30, 1993, entitled "Height Limitation Zoning Map, Tri-County Regional Airport, Lone Rock, Wisconsin II which is attached hereto^ and^ adopted^ as^ part^ of^ this ordinance; a copy of said Map is on file in the Office of the Iowa county Zoning Administrator.
Section III
Section IV
Section V
Height Limitation Zones. Except as^ otherwise provided in this ordinance, no structure shall be constructed, altered, located or permitted to remain after such construction, alternation (^) or location, and no trees shall be allowed to (^) grow, to a height in excess of the height indicated on the map referred to in section II hereof.
Exceptions. The restrictions contained in Section III, shall not apply to the following:
(a) Objects which are less than thirty-five (35) feet in height above ground level at the object site within one-half mile of the airport boundary; or to structures less than fifty (50) feet in height above ground within the area beginning one-half mile from the airport boundary and extending to one mile from the airport boundary; or to structures les8 than one hundred (100) feet in height above the ground within the area beginning one mile from the airport boundary and extending to three miles from the airport boundary; and
(b) structures that are constructed, altered or located within fifty (50) feet of a pre existing object permitted under this ordinance (including non-conforming uses) which are not higher than such permitted object.
Non-conforming Uses.
(a) Not retroactive. The^ regulations^ prescribed in Section II or III of this ordinance shall not be construed to require the removal, lowering or other change or alternation of any non-conforming use, or otherwise interfere with the continuance of any non-conforming use, except as otherwise provided by Section VII (b).
(b) Changes. Nothing herein contained shall require in the construction, alternation or intended use of any structure, if the construction or alternation of such was begun prior to the effective date of this ordinance, and if such diligently prosecuted.
(c) Removal. This section shall not interfere with the removal of non-conforming uses by purchase or the use of eminent domain.
section VIII
Section IX
permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. Application for such permit shall indicate the use for which the^ permit is desired, and shall describe and locate the use with sufficient particularity to permit the Zoning Administrator to determine whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the Zoning Administrator shall issue the permit applied for. In making such determinaticn, the Zoning Administrator may rely upon findings made by the (^) Airport Commission in its recommendation.
(b) Existing^ Uses.^ Before^ any^ non-conforming structure may be replaced, altered or rebuilt, a permit shall be applied for and secured in the manner prescribed by paragraph (^) (a) authorizing such change, replacement or repair. No such permit shall be denied if the structure will not become a greater hazard to air navigation than it was on the effective date of this ordinance, or than it was when the application for permit was made.
Board of Appeals. There is hereby created a Board of Appeals, consisting of three members, none of whom are active airport commission members, one from each sponsor county, appointed by each respective County Board Chairperson, subject to confirmation by each respective County Board for terms of three (3) years, excepting that of those first appointed. One shall serve for one (1) year; one for two (2) years and one for three (^) (3) years. The Members of said Board of Appeals shall receive the said sum as established by each county Board for each meeting attendance by^ them.
Appeals and Review.
(a)^ Variances.^ Upon^ in^ special^ cases^ the^ Board of Appeals may, after investigation and public hearing, grant such variance from the terms of this ordinance as will not be contrary to the pUblic interest, where owing to special conditions, a literal enforcement of this ordinance would result in unnecessary hardship and such relief will do substantial justice and be in accrd with the spirit of this ordinance, and does not create a hazard to the (^) safe, normal operation of aircraft. The Board of Appeals may condition its grant of
Section X
Section XI
Section XII
Section XIII
Adopted this
variance upon prior compliance with any reasonable condition which in its discretion it deems necessary or appropriate under the circumstances of the variance granted, including, but not limited to, the obstruction lighting of objects for which a variance is granted.
(c) Aggrieved Person. Any person aggrieved or affected by any decision of action of the Sauk county Zoning Administrator made in his administration of this ordinance, including the Tri-County Airport Commission, may appeal such decision or action to the Board of Appeals
(d) Procedure. Any appeal taken pursuant to this section (^) shall be in conformity with the procedure established by section 62.23 (7) (e) of the statutes.
Penalties. Any person violating any of the provisions of this ordinance shall, upon conviction, forfeit not less than twenty-five ($25.00) nor more than two hundred fifty dollars ($250. 00) for such offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the county jail until said forfeiture and cost are paid, but not to exceed thirty (30) days for each violation. Each day that a violation continues to exist shall constitute a separate offense.
Severability. If any of the provisions of this ordinance or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.
Effect. This ordinance shall take effect and be in force upon passage and publication in each of the Counties of Sauk, Iowa and Richland.
This ordinance shall supercede and take precedence over any provision to the contrary in Iowa County Comprehensive Zoning Ordinance, which was adopted by the Iowa County Board of Supervisors on December 14, 1970, as amended to date.
_2_0_t_h (^) day of De.cember 1994 ------------- ,.
ATTEST:
David D. Meudt, Iowa County Clerk
Richard M. Sculliori, Chairperson
Iowa county Board of Supervisors
